Part IX. Other Employee Relations Policies
22VAC40-675-210. Political activity.
A. No local department employee shall:
1. Use the employee's official authority or influence to interfere with or affect the result of a nomination or election to public office or position;
2. Directly or indirectly coerce, command, or advise a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or
3. Be a candidate for a partisan public elective office in a primary, general, or special election if the salary of the employee is paid completely, directly or indirectly, by loans or grants made by the United States or a federal agency.
B. The local department's provisions on political activity shall be consistent with the federal Hatch Act (5 USC §§ 1501-1508) and facilitate effective control of prohibited political activity by employees.
C. In general, the Hatch Act covers officers or employees of a state or local department if their principal employment is in connection with an activity that is financed in whole or in part by loans or grants made by a federal agency. An employee subject to political activity laws continues to be covered by these laws and regulations while on annual leave, sick leave, leave without pay, administrative leave, or furlough.
D. The board shall promulgate policy consistent with these provisions. Local departments may request to deviate to local jurisdiction political activity policy that is consistent with the federal Hatch Act and applicable state and local laws, regulations, and ordinances. When the local department wants to exercise this option, it must obtain required approvals and submit the required forms to the department in accordance with the administrative manual. The commissioner will provide his analysis to the board, and the deviation request shall be presented to the board for action.
Statutory Authority
§§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016; amended, Volume 40, Issue 11, eff. February 14, 2024.
22VAC40-675-220. Outside employment of local department employees.
A. Employees in local departments shall not engage in any other employment, any private business, or in the conduct of a profession that interferes with their usefulness as employees or with their work performance during normal working hours or be in violation of Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia.
B. If an employee desires to seek or be engaged in outside employment, the employee must first obtain approval from the local director. If the local director desires to seek or be engaged in outside employment, the local director must first obtain approval from the local board. A local director who serves as the local board and desires to seek or be engaged in outside employment must first obtain approval from the elected governing body or its designee.
C. If an employee accepts employment outside the local department without receiving prior approval, the employee will be subject to disciplinary action under the standards of conduct.
Statutory Authority
§§ 63.2-217 and 63.2-219 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 20, Issue 8, eff. February 1, 2004; amended, Virginia Register Volume 32, Issue 20, eff. July 15, 2016.